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Complainant Andiswa Mengo testifies at the Judicial Conduct Tribunal probing sexual harassment allegations against Eastern Cape Judge President Selby Mbenenge on January 20, 2025.
WARNING: This report includes testimony of a sexual nature that may upset some readers
The cross-examination of Judges’ Secretary Andiswa Mengo saw her credibility being brought into question before the Judicial Conduct Tribunal.
This as Mengo who accuses Eastern Cape Judge President Selby Mbenenge of sexual harassment in the form of in-person and electronic communication was grilled on her evidence, which the respondent’s counsel perceives to be in direct conflict with the contention that the advances were unwanted.
Day 7 of the Judicial Conduct Tribunal tasked with probing the first-ever formal allegations of sexual harassment against a Judge saw the credibility of complainant Andiswa Mengo thrust in the spotlight.
This as counsel on behalf of Judge President Selby Mbenenge, Advocate Muzi Sikhakhane SC began cross-examining Mengo by opening up the line of questioning with questions centered on the importance of integrity and truthfulness, that seemingly lays a foundation for the position the top Judge’s counsel will take in this matter.
“In fact, to come straight to the point, you will agree with me that those women, if any who raise such allegations falsely, be it women or men, must face severe punishment,” says Sikhakhane.
Sikhakhane then seemingly begins to poke holes in her evidence in chief, which he contends seeks to paint her as a good guy while the top judge is painted as a bad guy – such as the exchanges on the preferred sex positions in which both parties participated in.
“Would you agree with me that your answer is as disgusting as the suggestion you were responding to?,” Sikhakhane asks.
“Yes,” Andiswa Mengo, A complainant said.
“In fact, both of you were exchanging salacious, disgusting messages consensually,” Sikhakhane elaborates.
“Yes,” Mengo answered.
In addition, Sikhakhane constantly highlighted opportunities where Mengo could have conveyed her disapproval of the exchanges.
“You will agree with me that at these moments where you are not exchanging salacious messages, you are talking about work, the opportunity was there (I’m not saying it was exercised and I’m not blaming you for not) to alert him of some of the things he says that you do not like,” Sikhakhane asked.
“Yes” Mengo said.
The Tribunal continues with the cross-examination of Mengo, who has previously testified that she was not in a relationship with Mbenenge and that the advances were unwelcomed, and that she felt compelled to respond due to the unrelenting and persistent nature of the top Judge’s alleged conduct.
Adv Sikhakhane cross-examines the complainant accusing Judge Mbenenge of sexual misconduct
